QUALIFICATION AND INVESTIGATION OF HOME INVIOLABILITY VIOLATIONS COMMITTED USING OFFICIAL POSITION

Abstract

On the examples of judicial practice, the features of qualification of violations of inviolability of dwelling committed with the use of official position are considered. It is noted that in order to qualify an act under Part 3 of Article 139 of the Criminal Code of the Russian Federation, it is necessary that a person has official powers by virtue of his position. Misleading the victim about the violator's possession of official powers cannot be a qualifying feature. At the same time, the use of official position may be covered by another corpus delicti imputed to a person. The article considers the provisions of legislation taken into account when qualifying, which allow for the possibility of proportionate restriction of human and civil rights and freedoms for constitutionally significant purposes. A typical portrait of the criminal's personality and the motives of his criminal actions are described. Among the features of the investigation of a crime under Part 3 of Article 139 of the Criminal Code of the Russian Federation, the fact that it takes place in a situation of active opposition from the suspect (accused) is highlighted. Recommendations on neutralizing counteraction to investigation are formulated.